McLain v. State

DAVIDSON, Judge.

Appellant prosecutes this appeal from a conviction for violating the local option law.

Two grounds are presented, first, the evidence is insufficient; second, the. jury discussed appellant’s failure to testify while considering the case. Taylor, the alleged purchaser, testified for the State that in November, 1912, he, defendant, and McDaniel were talking together in Frankston, Anderson County. McDaniel remarked that he wished he had some whisky and asked the defendant if he knew where he could get it. Appellant answered he thought he could find some. Witness and McDaniel gave…